Measures of Jiangsu Province on Protection of the Rights and Interests of Rural Migrant Workers

 2018-06-06  7


Measures of Jiangsu Province on Protection of the Rights and Interests of Rural Migrant Workers


· Document Number:Decree No. 42 of the People's Government of Jiangsu Province

· Area of Law: Legislative Affairs Personnel Trade Unions

· Level of Authority: Local Government Rules

· Date issued:03-20-2008

· Effective Date:05-01-2008

· Status: Effective

· Issuing Authority: Jiangsu Province

 

Decree of the People's Government of Jiangsu Province
(No. 42)
The Measures of Jiangsu Province on Protection of the Rights and Interests of Rural Migrant Workers, discussed and adopted at the Second Executive Meeting of the Provincial People's Government on February 29, 2008, are hereby promulgated and shall enter into effect as of May 1, 2008.
Governor: Luo Zhijun
March 20, 2008
Measures of Jiangsu Province on Protection of the Rights and Interests of Rural Migrant Workers
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China and others laws and administrative regulations, in light of the specific situation of this Province, and for the purpose of strengthening the public services provided to the rural migrant workers, protecting the lawful rights and interests of the rural migrant workers, and promoting economic development and social harmony.
Article 2 "Rural Migrant Workers" as used in these Measures refer to the laborers who, with their household registered in the rural areas, take jobs in the cities or get employed in the township enterprises.
Article 3 Local people's governments at various levels shall, in adherence to the principles of equal treatment, strengthening services, improving management, and rational guidance, build up the policy system for safeguarding the lawful rights and interests of rural migrant workers and the supervision mechanism for law enforcement, build up the urban and rural public service system that covers the rural migrant workers, and incorporate the employment, education and medical care for the rural migrant workers and their spouses and children into the scope of local public service and management.
Article 4 The departments such as the labor and social security, construction, public security, education, public health, finance, work safety supervision and administration, population and family planning, and judicial and administrative departments shall, according to their respective functions and duties, do well their work of serving and administrating the rural migrant workers and protecting their rights and interests.
A rural migrant worker is entitled to lodge complaint to the departments listed in the preceding paragraph whenever he thinks that his lawful rights and interests are infringed and the relevant departments shall handle the matter in a timely manner with no delay or prevarication. In case the matter does not fall in its scope of functions and duties, the department shall refer the rural migrant worker to the proper department which will accept the matter.
Organizations such as trade unions, communist youth leagues, and women's federations shall protect the lawful rights and interests of the rural migrant workers according to law within their scope of functions and duties.
Article 5 No unit or individual may inviolate the personal freedom of the rural migrant workers and infringe upon their human dignity and their labor rights and interests. They may not formulate and organize the implementation of discriminative provisions and measures and unreasonable limitations targeting at the rural migrant workers.
Chapter II Employment Service
Article 6 Local people's governments at various levels shall organize to provide vocational training to rural labor force for them to take jobs in non-agricultural sectors, and provide work safety training and guidance training, arrange special fund in the fiscal spending focusing on support for the vocational training and work safety training for rural labor force, and formulate and implement stimulating, awarding and subsidizing policies for promotion of the employment through training.
Article 7 The labor and social security administrative department (hereinafter referred to as the labor security administrative department) and other relevant competent administrative departments shall strengthen the construction of the working organ for labor services export and the construction of information network with a view to providing timely and accurate information services to the rural migrant workers, and do well its work on organization and coordination of labor services export so as to enhance the organization level for labor services export.
Article 8 The public employment service agency shall provide services such as employment information, policy inquiry, vocational guidance and job introduction to the rural migrant workers free of charge.
Various other job introduction agencies which provide free job introduction services to rural migrant workers may enjoy subsidies according to the relevant provisions of the State and the Province.
Article 9 The relevant competent administrative departments such as the work safety supervision and administration and public health shall do well their work on work safety and disease prevention and control for rural migrant workers. The public health department shall incorporate the immunity work for the children living with the rural migrant workers into the local immunity planning.
The population and family planning department shall provide free birth control technical services of basic items category to the rural migrant workers.
Article 10 Local people's governments at various levels and their education administrative departments shall guarantee according to law the right of the rural migrant workers' children to receive compulsory education.
The government of the place where a rural migrant worker works and its education administrative department shall, in adherence to the principle of "government of the migration place being responsible, and public schools being the main force to enroll the students" , take various forms to arrange for the school-age children of the rural migrant workers to take the compulsory education.
When the child of a rural migrant worker enrolls in a full-time public school in the place where his parent work, he shall be treated in the same way as the local students in terms of enrollment conditions, tuition standards and education and teaching administration and may not be charged with other fees in violation of the provisions of the State and this Province.
Where the rural migrant worker's child goes back to his original domicile to study, the people's government of the place where his permanent residence is registered and its education administrative department shall arrange for the local public school to enroll him, and the school may not charge him with the fees that are beyond the chargeable fees provided by the State.
Article 11 The labor dispute arbitration organ shall speed up handling of the labor dispute cases brought forth by the rural migrant worker, and make its adjudication in a timely manner; priority shall be given to the cases concerned with labor remuneration and insurance benefits in the handling process.
The legal aid organ shall provide legal aid to the rural migrant workers who are up to the standards in a timely manner so as to safeguard their lawful rights and interests.
Chapter III Protection of Wages and Insurance Benefits
Article 12 The wage distribution of an employing unit shall be conducted in adherence to the principle of distribution according to labor and equal remuneration for work of equal value shall be implemented; wages shall be paid in a timely manner with good faith and in form of currency with full amount.
The employing units, except for those which implement the hourly, daily or weekly wages, shall pay the wages to the rural migrant workers for the current month every month. The employing unit shall not deduct or delay wage payment to the rural migrant wages without justification. Wages shall be paid to the rural migrant worker himself, and a wage slip shall be presented at the same time.
Wages paid to the rural migrant workers by the employing unit shall not be less than the local minimum wage standard.
Article 13 A guarantee fund system for payment of rural migrant workers' wages and a monitoring system focusing on the wage payment shall be established.
The provincial labor and social security administrative department shall, in conjunction with the relevant departments such as the financial and construction, make specific provisions for the rural migrant workers' wage guarantee fund system and organize the implementation of it.
The Labor Remuneration Handbook shall be promoted in the employing units of the construction domain and the employing units with large number of rural migrant workers so that key monitoring can be implemented for their wage payment.
The construction unit shall make allotment for the construction project payment in a timely manner according to the agreement of the contract. Where it is not fully funded for the construction project, the relevant department shall not issue the construction permit to it and shall not approve its construction commencement report.
Article 14 The employing unit and the rural migrant workers who form a labor relationship with the unit shall participate in the various social insurances for the local staff members and workers according to law, and pay the social insurance premiums according to the provisions.
Where the labor dispatch organization dispatches rural migrant workers to an employing unit, the labor dispatch organization and the rural migrant workers shall be responsible to participate in the social insurances according to the relevant provisions on social insurances of the place where the labor dispatch organization is located, and pay the social insurance premiums.
Article 15 The social insurance operation agency of the labor and social security administrative department shall, according to the relevant provisions of the State and this Province, promptly proceed with the procedures for maintenance, transfer and renewal of the social insurance relationship for the rural migrant workers, and shall not refuse to accept their social insurance relationship with various excuse. For a rural migrant worker who is not a permanent resident of this Province, in case his social insurance relationship really cannot be transferred or renewed, the balance amount in his individual account can be paid to his person in a lump sum so as to terminate the social insurance relationship.
Article 16 The employing unit shall go through the work injury insurance participation formalities for all the rural migrant workers in the unit in a timely manner, and pay for the work injury insurance premiums in time with full amount.
The construction enterprises for construction projects, the mining enterprises, and the employing units engaged in road and waterway transportation, marine fishing and aquaculture, overhead suspension operation, production of dangerous chemicals and production of fireworks and explosive equipment for civil use may, in addition to participation in the work injury insurance, cover the rural migrant workers who are engaged in dangerous operations at the construction site under the accident insurance.
The departments such as the work safety supervision and administration and construction shall make it a necessary condition to get the Safety Production Permit that the employing unit shall participate in the work injury insurance and the rural migrant workers shall get the education and training on work safety and prove to be qualified. For the employing units which do not participate in the work injury insurance, or participate in the insurance but discontinue the payment of the insurance premiums or do not pay the insurance premiums in full amount, the Safety Production Permit shall not be issued.
Article 17 The employing unit shall cover the rural migrant workers it employs under the basic medical insurance for urban staff members and workers. Where they participate in the basic medical insurance which combines the pooling fund and the individual accounts, the medical insurance premiums shall be paid separately by the employing unit and the rural migrant workers according to the provisions; where they participate in the medical insurance against major illness or the hospitalization insurance, the medical insurance premiums shall mainly be paid by the employing unit.
Article 18 Where a rural migrant worker suffers from injuries or occupational diseases out of his work, the employing unit shall take measures to ensure that the rural migrant worker can get prompt medical care, and apply to the labor and social security administrative department for work injury identification according to the provisions.
In case the employing unit does not participate in the work injury insurance, where a work injury occurs to a rural migrant worker, the employing unit shall pay the expenses according to the items and standards for work injury insurance benefits provided in the Regulations on Work Injury Insurance. The rural migrant workers or the dependent of a rural migrant worker who died of work may, if they are up to the standards to enjoy the regular work injury insurance benefits, take away their regular insurance benefits in a lump sum based on their own wishes and thus terminate the labor relationship and work injury insurance relationship with the employing unit.
Article 19 Where the employing unit and the rural migrant workers have pay the unemployment insurance premiums according to the provisions, the rural migrant workers shall enjoy the unemployment insurance benefits according to law when they become unemployed.
Chapter IV Protection of Other Rights and Interests
Article 20 The employing unit shall obey the provisions in laws, regulations and these Measures, establish and improve the relevant rules to guarantee the rural migrant worker's entitlement to various lawful rights and interests.
Article 21 The employing unit is entitled to the right of using the rural migrant workers independently, which no unit shall interfere with.
When an employing unit is hiring a rural migrant worker, it shall not, in violation of the provisions, charge or charge under disguise the rural migrant worker guarantee fees, deposit fees or other unreasonable fees, neither shall it detain his personal certificate.
The employing unit shall truthfully collect and register the basic information of a rural migrant worker with whom it has formed a labor relationship such as the name, identity card number and residential address and shall not hire a person with no identity card or with unclear record.
Article 22 The employing unit shall conclude a labor contract in written form with the rural migrant workers according to law. The conclusion of labor contracts shall observe the principles of equality, free will, and unanimity through consultation.
Where a labor dispatch organization dispatches rural migrant workers to an employing unit, the labor dispatch organization shall be responsible to conclude labor contracts with the rural migrant workers in written form, establish name list system for the staff members and workers and perform the obligation of reporting the conclusion, rescission and termination of the labor contracts in written form to the labor and social security administrative department.
Where the employing unit concludes collective contracts with the staff members and workers, the rural migrant workers shall enjoy the rights specified in the collective contracts and perform the obligations specified in the collective contracts.
Article 23 The employing unit shall, according to the state standards and requirements of the industry, provide the rural migrant workers with necessary safe production facilities and labor protection conditions, and provide the work and living environments which are up to the state professional hygienic standards and hygienic requirements, and improve the relevant security measures.
The employing unit shall, according to the need for prevention and control of occupational diseases, put into use effective occupational diseases prevention and control facilities, provide articles for occupational diseases prevention and control and occupational health monitoring to rural migrant workers and implement regular monitoring on the hazards that may cause the occupational disease in the work places.
Article 24 The employing unit shall formulate post training plans for rural migrant workers and organize the implementation of such plans and withdraw employee education and training fees, which shall be used for its special purpose, according to the provisions. For the employing unit which fails to perform its obligation on training, a compulsory employee education and training fees shall be withdrawn and used in the indispensable training required by the government or the industry organizations.
The units engaged in production and operation of coals mines, non-coal mines, dangerous chemicals and construction shall give compulsory safety training to the rural migrant workers. The rural migrant workers engaged in special operation shall undergo special safety operation training and obtain the qualification certificate for special operation as provided by the State before they can go to their posts to operate.
No unit is allowed to charge the rural migrant workers with illegal fees in the name of training. The employing unit shall not rescind the labor contract with a rural migrant worker who hasn't received professional skill training on the excuse of his incompetence to do the job.
Article 25 The employing unit generally may not extend the rural migrant workers' working hours. Where it is really necessary to extend their working hours or to arrange for the rural migrant workers to work on weekends or holidays due to production or operation necessity, the arrangement shall be made according to the legal procedures and over-time wages shall be paid or compensatory rest days shall be arranged according to law.
Chapter V Supervision and Security
Article 26 Local people's governments at various levels and their relevant departments shall perform their functions and duties carefully, strengthen supervision and inspection, investigate into and deal with various illegal acts that infringe the lawful rights and interests of the rural migrant workers in a timely manner.
The departments such as the labor and social security, public security, industrial and commercial administration, personnel and education shall strengthen cooperation, intensify the work on sorting out and rectifying the human resource markets through focusing their efforts on curbing various unlawful and criminal acts in the field of job introduction and weed out various illegal job intermediate agencies according to law.
Article 27 The labor and social security administrative department shall strengthen supervision on labor security. Where an employing unit is found to have infringed the lawful rights and interests of the rural migrant workers, it shall make a entry in the file recording the credibility of the employing unit and its observance of the laws and make it known to the public in case it is a serious situation.
Article 28 The relevant competent administrative departments shall, when conducting administration on the floating population, formulate service measures which can facilitate the employment of rural migrant workers instead of exerting discrimination against them.
Where the people's government and the relevant competent administrative departments of the place where a rural migrant worker works needs to learn about the information about the rural migrant worker such as his identity, children education and marital status, the people's government and the relevant competent administrative departments of the place where his permanent residence is registered shall provide the information promptly.
Article 29 The people's government, the relevant competent administrative departments and the villager's committee of the place where a rural migrant worker's permanent residence is registered shall maintain the relationship of land contract in rural areas according to law, any shall not illegally take back and forcefully transfer the collective land under the contract undertaken by the rural migrant worker. The rural migrant worker is supported and encouraged to, based on his own will, transfer with compensation the use right of the collective land under the contract undertaken by him according to law.
The people's government, the relevant competent administrative departments and the villager's committee of the place where the rural migrant workers' permanent residence is registered shall strengthen administration on the education of the left-behind children. For children who commit bad behaviors, the monitoring on them and assistance and education of them shall be strengthened so that they can grow up in a healthy way.
The villager's committee of the place where the rural migrant workers' permanent residence is registered shall promptly notify the rural migrant workers of major issues such as organizing a general election or making decisions concerning the rights and interests of the rural migrant workers, and guarantee their exercise of the democratic rights in appropriate ways.
Article 30 The trade union shall exert supervision on the employing unit's implementation of the laws and regulations of the State such as labor, safety and public health. It has the right to ask the employing unit to make corrections whenever problems are found and may bring forth suggestions on investigation and punishment to the relevant departments such as the labor and social security, work safety supervision and administration, and public health, and the relevant departments shall investigate into the cases and deal with them.
Chapter VI Legal Liabilities
Article 31 In case the employing unit, in violation of the provisions of these Measures, infringes the rights and interests of the rural migrant workers, where the laws and regulations have provided administrative penalties, those provisions in the laws and regulations shall be implemented.
Article 32 Where a full-time public primary school or high school in the place where a rural migrant worker works refuses to enroll his children, it shall be ordered by the education administrative department to make corrections; where it fails to make the corrections within a prescribed period of time, the person in charge of the school and the other person directly responsible shall be given sanctions.
The school which, in violation of the relevant provisions, charges the children of the rural migrant workers fees, shall be ordered by the departments such as the supervision, pricing, and education to make corrections within a prescribed period of time; where it fails to make the corrections at the expiration of the time limit, the person in charge of the school and the other person directly responsible shall be given sanctions.
Article 33 The employing unit which, in violation of the provisions, does not give safety training to the rural migrant workers, shall be ordered by the work safety supervision and administration department or the relevant competent departments to make corrections; where it fails to make the corrections within a prescribed period of time, it shall be criticized by circular.
Article 34 The employing unit which commits one of the following acts shall be ordered by the labor and social security department to make corrections; where it fails to make the corrections within a prescribed period of time, it shall be ordered to pay extra compensation to the rural migrant worker at the rate of not less than 50% of the amount due but not more than 100% of the amount due:
(1) deducting wages or delaying without justification in paying the wages;
(2) arranging overtime worker without pay;
(3) paying wages at a rate lower than the local minimum wage standard;
(4) rescinding or terminating a labor contract without giving economic compensations according to law.
Article 35 The employing unit which breaks the wage guarantee fund system shall be ordered by the labor and social security administrative department to make corrections.
Article 36 The administrative departments and their staff members which, in violation of these Measures, commit one of the following acts shall be given administrative sanctions by the people's government at the corresponding level or the competent administrative department or the supervision organ at the higher level:
(1) interfering with the employing unit in their independent use of the rural migrant workers according to law;
(2) charging illegally the rural migrant workers or the employing unit which uses the rural migrant workers fees;
(3) failing to perform their functions and duties which leads to the infringement of the rights and interests of the rural migrant workers;
(4) infringing the personal or property rights of the rural migrant workers;
(5) forcing the rural migrant workers to return to their home town in the name of family planning and birth control administration and service.
Article 37 These Measures shall enter into effect as of May 1, 2008.